EXPLANATORY STATEMENT
Issued by the authority of the Minister for Ageing
Aged Care Act 1997
Extra Service Amendment Principles 2009 (No. 2)
The Aged Care Act 1997 (the Act) provides for the funding of aged care services. Persons who are approved under the Act to provide aged care services (approved providers) can be eligible to receive subsidy payments in respect of the care they provide to approved care recipients.
Subsection 96-1(1) of the Act allows the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act. One set of Principles made under the Act is the Extra Service Principles 1997 (the Extra Service Principles).
The purpose of the Extra Service Amendment Principles 2009 (No. 2) (the Amending Principles) is detailed below. The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Extra Service Amendment Principles 2009 (No. 2)
The purpose of these Amending Principles is to make minor wording and format changes to section 14.19AA, which was introduced through the Extra Service Amendment Principles 2009 (No. 1).
Section 14.19AA describes those matters that are to be taken into account by the Secretary of the Department of Health and Ageing when considering whether an approved provider (or former approved provider) with whom an applicant for extra service places has relevant key personnel in common, has a very good record of conduct, compliance and meeting its obligations under the Act.
As these are minor changes to the Principles, which correct typographic errors and clarify the original intention of the new section, no consultation has been undertaken nor is a Regulation Impact Statement required.
Since section 14.19AA took effect on 1 June 2009, the section has not been applied by the Secretary of the Department of Health and Ageing. As such, there has not been (and it is not expected that there will be), any adverse impact on any Party as the result of changes now being made.
Details of the amendments to the Extra Service Principles are listed at Attachment A.
ATTACHMENT A
NOTES ON CLAUSES
Clause 1 states that the name of the Amending Principles is the Extra Service Amendment Principles 2009 (No. 2).
Clause 2 states that the Amending Principles commence on the day after they are registered.
Clause 3 states that Schedule 1 amends the Extra Service Principles 1997.
Schedule 1 Amendments
Items 1 - 5
The Extra Service Amendment Principles 2009 (No. 1) introduced a new section 14.19AA after section 14.19 of the Extra Service Principles 1997.
Items 1 to 5 make four minor wording and format changes to 14.19AA, to address typographic errors and improve the operation of the section:
- Item 1 removes a typographic error in the note in subsection 14.19AA(1). The word ‘meetings’ has been changed to ‘meeting’;
- Items 2 and 4 omit the words ‘standards’ and ‘standard’ in paragraph 14.19AA(2)(b) and subparagraph 14.19AA(2)(b)(i) respectively and insert the words ‘responsibilities’ and ‘responsibility’ to improve the consistency of the language within the subsection;
- Item 3 corrects a paragraph cross-reference within paragraph 14.19AA(2)(b). Specifically, the reference to ‘paragraph (c)’ (in 14.19AA(2)(b)) is changed to ‘paragraph (a)’ to ensure the paragraph works as intended; and
- Item 5 correctly renumbers the second occurring subparagraph 14.19AA(2)(b)(ii) as subparagraph (iii).
Overview
The Extra Service Amendment Principles 2009 (No. 2) were introduced to correct minor wording and format errors in section 14.19AA of the Extra Service Principles 1997, which was established through the Extra Service Amendment Principles 2009 (No. 1). Enacted by the Minister for Ageing under the Aged Care Act 1997, the Amending Principles aim to ensure the correct application of the law by addressing typographical errors and clarifying the original intent of the new section. These changes were implemented without consultation or the requirement of a Regulation Impact Statement as they are minor and have not yet been applied in practice. The objective is to enhance the operational integrity of the aged care services framework by ensuring precise and consistent application of the legislative provisions.
Scope and Application
The Extra Service Amendment Principles 2009 (No. 2) pertains to the Aged Care Act 1997, which governs the funding of aged care services in Australia. These principles are specifically directed at approved providers who are eligible to receive subsidy payments for the care they provide to approved care recipients. The Amending Principles aim to correct typographical errors and clarify the wording of section 14.19AA, which was introduced through the Extra Service Amendment Principles 2009 (No. 1). This section details the matters to be taken into account by the Secretary of the Department of Health and Ageing when considering whether an approved provider, or former approved provider, with whom an applicant for extra service places has relevant key personnel in common, has a very good record of conduct, compliance, and meeting their obligations under the Act. The Amending Principles apply nationwide and are a legislative instrument under the Legislative Instruments Act 2003. As these changes are minor and have not yet been applied, there has been no adverse impact on any party, and no consultation or Regulation Impact Statement was required.
Key Provisions
The main operative sections of the Extra Service Amendment Principles 2009 (No. 2) are concerned with minor amendments to section 14.19AA of the Extra Service Principles 1997 (subsections referenced in parentheses). These amendments, outlined in Schedule 1, aim to correct typographical errors and enhance the clarity and functionality of the section. For instance, Item 1 rectifies a typographical error in the note of subsection 14.19AA(1), changing 'meetings' to'meeting'. Item 2 and Item 4 replace 'standards' and'standard' with 'responsibilities' and'responsibility' in paragraph 14.19AA(2)(b) and subparagraph 14.19AA(2)(b)(i), respectively, to ensure consistency in language. Item 3 adjusts a paragraph cross-reference in paragraph 14.19AA(2)(b), changing '(c)' to '(a)', ensuring that the paragraph operates as intended. Lastly, Item 5 renumbers the second subparagraph 14.19AA(2)(b)(ii) as subparagraph (iii).
The obligations and requirements imposed by the Amending Principles on the parties and entities governed by the Act include ensuring compliance with the corrected wording and format in section 14.19AA of the Extra Service Principles 1997. Approved providers and former approved providers must be aware of these amendments as they may influence the Secretary of the Department of Health and Ageing's considerations when assessing the provider's record of conduct, compliance, and obligations under the Act. These considerations are critical when determining whether an applicant for extra service places shares relevant key personnel with an approved provider.
The Amending Principles do not introduce new offences or penalties. However, any failure to adhere to the corrected provisions in section 14.19AA could potentially impact the provider's eligibility for subsidy payments or other benefits under the Act. The consequences of such non-compliance would be determined based on the specific circumstances and the overall impact on the provider's compliance record, rather than explicit penalties outlined in the Amending Principles themselves.